Legal Question in Personal Injury in California

I have a ten months old baby, I put him on the top of One of Ross' shopping cart. The car seat did not fit well in the shopping cart, And my baby fell head down onto the floor. I called the Ambulance And we rushed him to the ER. He was not buckled up, Because I just change his diapers. There is no broken bones, but his head is prettry swollen and he is in a 48 hour watch. I never had that problem before in the shopping cart, can I Sue them even though he wasn't buckled up? He is good now, but I am concerned this accident will Happento to other baby in the future.

Asked on 8/28/13, 10:09 am

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1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

I am very sorry to hear about your baby and I hope he recovers fully, but every baby car seat manufacturer tells users NEVER to put their car seats on top of a shopping cart. Read your instruction manual. It says it right in there. When you add to that the fact that you didn't even have him buckled, AND you knew it did not fit well, if you sue Ross they will win without even trying hard. You are responsible under the law, not Ross, for proper use of your baby car seat.

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Answered on 8/28/13, 11:12 am

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